Florida Statute 333.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXV
AVIATION

Chapter 333
AIRPORT ZONING

View Entire Chapter

F.S. 333.02

333.02 Airport hazards and uses of land in airport vicinities contrary to public interest.—

(1) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. It is further found that certain activities and uses of land in the immediate vicinity of airports as enumerated in s. 333.03(2) are not compatible with normal airport operations, and may, if not regulated, also endanger the lives of the participants, adversely affect their health, or otherwise limit the accomplishment of normal activities. Accordingly, it is hereby declared:

(a) That the creation or establishment of an airport hazard and the incompatible use of land in airport vicinities are public nuisances and injure the community served by the airport in question;

(b) That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be prevented; and

(c) That this should be accomplished, to the extent legally possible, by the exercise of the police power, without compensation.

(2) It is further declared that the limitation of land uses incompatible with normal airport operations, the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein, or air rights thereover.

History.—s. 2, ch. 23079, 1945; s. 2, ch. 88-356; s. 71, ch. 90-136.

F.S. 333.02 on Google Scholar

F.S. 333.02 on Casetext

Amendments to 333.02

Arrestable Offenses / Crimes under Fla. Stat. 333.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 333.02.

Annotations, Discussions, Cases:

Cases Citing Statute 333.02

Total Results: 7

Mark Anthony Tolbert v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-04-22

Citation: 268 So. 3d 947

Snippet: time of the offense.” Hawthorne, 573 So. 2d at 333. 2 Incidentally, if we were to go down the road

Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar

Court: Supreme Court of Florida | Date Filed: 1997-06-05

Citation: 695 So. 2d 312, 22 Fla. L. Weekly Supp. 308, 1997 Fla. LEXIS 730, 1997 WL 297683

Snippet: months prior to-the- filing of the application; *333(2)-one complete set of fingerprints taken and certified

Test v. Broward County

Court: District Court of Appeal of Florida | Date Filed: 1993-03-24

Citation: 616 So. 2d 111, 1993 WL 80605

Snippet: to the airport zoning laws. As amended, section 333.02, Florida Statutes (1990) provides: (1) It is hereby

Behm v. Division of Administration, State Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1979-01-24

Citation: 366 So. 2d 828, 1979 Fla. App. LEXIS 13986

Snippet: condemnee. See, 30 C.J.S. Eminent Domain Section 333(2). Counsel have not provided us, nor has our research

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 1967-06-20

Citation: 200 So. 2d 574

Snippet: 1117; Pittman v. Roberts, Fla.App. 1960, 122 So.2d 333; 2 Fla.Jur. Appeal & Error, § 87. Notwithstanding

Waring v. Peterson

Court: District Court of Appeal of Florida | Date Filed: 1962-01-31

Citation: 137 So. 2d 268

Snippet: and Practice, Vol. 1, Section 35, p. 58. Section 333.02 categorizes creation or establishment of an airport

Barnhill v. State

Court: Supreme Court of Florida | Date Filed: 1949-06-24

Citation: 41 So. 2d 329, 1949 Fla. LEXIS 752

Snippet: charged in the indictment or information. *Page 333 (2) If the evidence satisfies the jury beyond a reasonable